Simpson Thacher Attorneys Author Article on Delaware Supreme Court Decision on Settlement Agreements
Partner Joshua Polster, Counsel Matthew Penny and Associate Kate Rogers authored an article, “Policyholders Cannot Use Settlements With Claimants to Manufacture Insurance Coverage for Uncovered Claims,” which was published by Delaware Business Court Insider. The article discussed a recent decision in the Delaware Supreme Court, in which it rejected a policyholder argument that a settlement agreement can be a “transformative document” and instead held that settlement agreements may not be reliable “coverage indicators” because they are subject to “manipulation” by policyholders and plaintiffs. The article further provided an overview of this doctrine and recent significant case law.
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